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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118788
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a MASSACHUSETTS resident now separated. Prior too

Customer Question

I am a MASSACHUSETTS resident now separated. Prior too moving to MA 8 years ago I was in a legally registered common law marriage in Costa Rica from which children were born. I am trying to determine if I am legally married and if this legal union needs to be dissolved before remarrying.
JA: Because family law varies from place to place, can you tell me what state this is in?
JA: Have you talked to a laywer yet?
Customer: Not as of yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My common law husband (now ex) declared me as his spouse on his US Tax returns. In addition, he maintains our state healthcare for the family that is structured with me as wife, he as husband and two minor children (Costa Rican born).
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, while you cannot form a common law marriage in MA now, the Commonwealth does recognize common law marriages from any jurisdiction where they are legal. So, under MA law, you are deemed legally married, having been legally common law in Costa Rica. Thus, you would need to actually get a divorce, no different than any other marriage has to be dissolved by a divorce.